Halman

Defendant appeals from that portion of a judgment in condemnation denying prejudgment interest on the award.

Plaintiff (District) brought an action in eminent domain to acquire a flowage easement over portions of defendant’s land in connection with the construction of a flood control levee along a segment of the San Jacinto River, including its tributary, Bautista Creek, in Riverside County. The chronology of the pertinent events was as follows: Plaintiff filed its action on April 21, 1961; the levee was completed on May 23, 1962; trial commenced on March 14, 1966, and judgment in condemnation was entered on July 8, 1966. There was no order of immediate possession. Defendant claimed interest on the award from the date of completion of the levee on the ground that that was the date his property was damaged. However, the court found that the property was neither taken nor damaged prior to entry of judgment and denied prejudgment interest.

Defendant contends that while the levee has not yet resulted in physical injury to his lands, it did cause compensable depreciation in its market value and that, hence, interest accrued as of the date of its completion. We have concluded that the…